Cleaning Gurus Commercial LTD Terms and Conditions of Business
Between Cleaning Gurus Commercial LTD (Cleaning Gurus Commercial LTD, the
Company, we, us) and the ‘Client‘ ’you’ as defined in the Specification.
- CONTRACT
1.1. These Conditions outline the terms under which Cleaning Gurus Commercial
LTD will deliver cleaning services and supply cleaning materials and equipment
(the Services), as described in the Specification.
1.2. The Specification represents your offer to acquire Services in accordance
with these Conditions, thereby forming a binding contract with us.
1.3. If any inconsistency exists between these Conditions and any terms in the
Specification, these Conditions will take precedence.
1.4. These Conditions, together with the Specification or any related
communication (written or via email), make up the entire agreement (Contract)
between you and us.
1.5. The Client holds the right to modify the Specification, if needed, prior to the
Contract’s start date. Any such revisions must be provided to us in writing at least
five business days before the start date.
1.6. Your acceptance of the Specification indicates agreement to these
Conditions, thereby establishing a legally binding Contract between you and us.
1.7. We may change the terms of the Contract by giving you at least one (1)
calendar month’s written notice. Should you not agree with the changes you
may terminate with one (1) calendar month’s written notice.
1.8. A copy of the latest Contract will be available on our website
www.cleaningguruscommercial.co.uk - PROVISION AND QUALITY OF SERVICES
2.1. We agree to provide the Services detailed in the Specification with
reasonable care, skill, and in line with applicable industry standards.
a) comply with all applicable statutory and regulatory requirements for the
performance of cleaning services in England
2.2. We may adjust the timing or manner of the Services if necessary, due to
operational reasons or external circumstances, while still aiming to meet the
agreed outcomes.
2.3. We will use reasonable efforts to ensure staff availability, but we cannot
guarantee the same team or individuals on every visit.
2.4. You must ensure that we and our personnel are provided with adequate
access to the premises to carry out the Services as agreed.
2.5. Any delays caused by restricted access or failure to meet agreed conditions
may result in additional charges or rescheduling.
2.6. In the event of a client relocation, or closure of the contract premises, the
terms and conditions will remain valid until proper notice has been given in
accordance with clause 8.3
2.7. Cleaning Gurus Commercial LTD shall provide adequate staff to ensure that
the client’s premises are cleaned. Any indications of staffing levels and timings
included in the contract specification is for guidance only. Cleaning Gurus
Commercial LTD reserves the right to amend staff deployment levels and timings
at any time, without notice. If a shift is missed through no fault of the client,
Cleaning Gurus Commercial LTD agrees to credit an amount equal to the direct
labour cost of that shift, on the condition that Cleaning Gurus Commercial LTD is
notified in writing within three working days of the missed shift.
2.8. We reserve the right to suspend the provision of our Services without any
liability if in our reasonable opinion your premises are or will highly likely be
dangerous or do not comply with Health and Safety legislation and or you do
not provide us with the complete and correct information or instructions. You
shall be liable for the full cost of the Services even if they are not performed.
2.9. Any electrical equipment supplied by us but stored on your premises must be
included in your annual Portable Appliance Testing (PAT) arrangement. Our staff
will visually inspect electrical equipment supplied by us for faults or wear and
tear before each use.
2.10. To enable us to perform our Services safely and efficiently you must provide
us with a dedicated, cool, dry, ventilated, lockable safe cupboard area for our
equipment, cleaning chemicals and consumables storage. The equipment
always remains the property of Cleaning Gurus Commercial LTD. If it is not
possible to provide such a cupboard we cannot accept responsibility for any
loss, accident or damage caused by the presence of our equipment, cleaning
chemicals or consumables on your site. We cannot accept responsibility for any
loss, accident or damage caused using our equipment or cleaning chemicals
without the authorisation of our senior management.
2.11. If the Transfer of Undertakings (Protection of Employment) Regulations 2006
and its amendment in 2014 (TUPE) legislation is found to apply to this contract the
client agrees to indemnify Cleaning Gurus Commercial LTD against any costs or
liabilities incurred including but not restricted to any increase in wage rates
payable and any claims for unfair dismissal.
- DEFECTIVE SERVICES
3.1. Cleaning Gurus Commercial LTD will consider the continuance of its daily
Services without complaint to imply the client’s satisfaction with the execution of
the contract. If in the unlikely event the Services do not conform with these
Conditions or the Specification any such complaints should be in writing or email
to the Operations Director at enquiries@cleaningguruscommercial.co.uk. Notice
must be within three working days of the occurrence, to enable us to rectify the
issue, failure to do so would prohibit any retrospective credits. Upon receipt of
such notice, Cleaning Gurus Commercial LTD will take all necessary action,
without cost to the client, to investigate and rectify the complaint.
3.2. Upon us becoming aware that the Services supplied by us to you are not in
accordance with the Specifications and these Conditions in all material respects,
we will investigate your complaint. If we consider your concerns are justified, we
shall provide you with a full or a partial refund if it is reasonable to do so.
3.3. Cleaning Gurus Commercial LTD shall have no liability to the Client for any
loss, damage, costs, expenses, or other claims for compensation arising from any
fault of the Client.
3.4. Nothing in the Contract limits any liability which cannot legally be limited,
including liability for:
a) Death or personal injury caused by negligence; and
b) Fraud or fraudulent misrepresentation.
3.5. Cleaning Gurus Commercial LTD shall not be liable for a claim unless notice
in writing summarising the nature of the claim and, as far as is reasonably
practicable, the amount claimed, has been given by the Client to a Director of
Cleaning Gurus Commercial LTD within five working days of the date on which
the incident giving rise to such claim has occurred. - PRICE AND PAYMENT
4.1. The current price of the service will be reviewed annually subject to 4.2 and
4.3, unless the parties agree otherwise, in writing. However, should our costs
increase for reasons beyond our control Cleaning Gurus Commercial LTD
reserves the right to increase its charges with one (1) calendar months’ notice to
reflect such a change. Should the client refuse to accept any price changes
they may terminate the Contract with one (1) calendar months’ notice.
4.2. The Government’s National Living Wage was introduced on 1st April 2016. To
meet its legal obligations Cleaning Gurus Commercial LTD reserve the right to
make any necessary increase to invoices to reflect a rise in either the Minimum
Wage, London Living Wage or National Living Wage whichever should apply.
4.3. Prices shown are exclusive of VAT. However, if the rate of VAT changes after
the date of the Specification, we shall without liability charge you the applicable
VAT rate when such rate takes effect. It is a legal requirement to ensure
employees receive the correct rates of pay in all instances.
4.4. You will be liable for the full cost of any consumables i.e., toilet rolls, black
refuse sacks etc., used or supplied in the performance of the Services which shall
be invoiced to you monthly. Prices of consumable products are subject to
change in line with inflation’s effect on our supplier’s costs or scarcity of the item.
4.5. You will not be entitled to any refund or reduction in the price if you close
your premises or if we cannot gain entry to perform the Services due to no fault
of our own.
4.6. Our invoices are raised on a calendar monthly basis i.e., twelve times a year.
You shall be invoiced for Services, consumable products and any other items
provided during that month, errors and omissions excepted, on the last day of
each calendar month. Payment is due within 14 days of the date of invoice.
4.7. If you do not pay the invoice in full within 30 days of the payment due date,
you agree to pay and be liable to repay us for all and any costs we incur in
recovering the money you owe us including our full legal costs on an indemnity
basis and any costs relating to our use of a debt collection agency. We reserve
the right to refer any invoices outstanding beyond 30 days to our solicitors who
will be entitled to charge you their full costs plus VAT in addition to the
outstanding invoice amount to cover their costs.
4.8. No claim or dispute which the client may at any time have or purport to
have with or against Cleaning Gurus Commercial LTD shall entitle the client
whether by claim or setoff, counterclaim or otherwise, to defer or make any
deductions from the charges due to Cleaning Gurus Commercial LTD hereunder.
4.9. Without limiting any other remedies or rights that we may have, if you do not
pay us on time, we may suspend the performance of the Services until you have
paid the outstanding amounts. Failure to pay on time could result in our
termination of the contract with immediate effect.
- OUR LIABILITY TO YOU
5.1. If we fail to comply with these Conditions, we are responsible for foreseeable
loss or damage that you suffer that is a direct result of our gross breach of these
Conditions or our gross negligence. We are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious
consequence of our gross breach or if it was contemplated by us at the time we
entered into this Contract.
5.2. We do not accept any liability whatsoever for any loss suffered or incurred as
a result of our non-performance of the Services.
5.3. We do not accept any liability whatsoever for any loss or damage
howsoever caused to an item, for example, electrical fittings, light bulbs, fire
alarm fittings or glass which is already damaged due to its faulty construction or
poor condition.
5.4. Any suspected theft or criminal damage should be reported directly to the
Police.
5.5. We shall not perform the Services in any area which could cause harm to our
staff.
5.6. We shall have the option to make good any damage if caused by our
negligence rather than compensating you for such loss or damage. Only if such
loss or damage cannot be rectified shall we be liable to compensate you for the
reasonable replacement costs considering any wear and tear, condition etc., at
such time. - INSURANCE
6.1. You must always maintain adequate public liability and third- party liability
insurance cover to a minimum sum insured of £5M.
6.2. We shall always maintain adequate public liability and employer’s liability
insurance cover.
6.3. We do not exclude or limit in any way our liability for:
a) Death or personal injury caused by our negligence or the negligence of our
employees’
b) Fraud or fraudulent misrepresentation
- EVENTS OUTSIDE OUR CONTROL
7.1. We will not be liable or responsible for failure to perform or a delay in
performance of the Services which is caused by events outside our reasonable
control (Force Majeure Event). Our obligations under these Conditions are
suspended for the period that the Force Majeure Event continues, and you shall
be liable to pay for the Services even if not performed due to a Force Majeure
Event and we shall not compensate you for any losses incurred as a result of the
Force Majeure Event.
7.2. A Force Majeure Event includes any act, event, non- occurrence, omission,
or accident beyond our reasonable control and includes, in particular (without
limitation), the following:
a) Due to any potentially contagious disease or illness of our staff or your staff; or
b) Strikes, lockouts, or other industrial action; or
c) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war; or
d) Fire, explosion, storm, freezing conditions, snow, flood, earthquake,
subsidence, epidemic, or other natural disasters; or
e) The impossibility of the use of transport services or other means of public or
private transport to enable us to attend your premises to perform the services.
7.3. We will take reasonable steps to find a solution by which our obligations
under these Conditions can be performed despite the Force Majeure Event. - TERMINATION AND CHANGE IN SERVICE PROVISION
8.1. Either of us may reduce the level of Services by giving at least one (1)
calendar month’s prior written notice subject to clause 8.2.
8.2. Cleaning Gurus Commercial LTD has a minimum commitment of 10 Hours per
operative per week unless previously agreed with us in writing.
8.3. We will provide the Services as set out in the Specification subject to clause
1.4 and the Services shall continue as per the Specification unless decreased in
accordance with clause 8.1.
8.4. During the first 30 days from the start of the Contract, you may cancel this
Contract on one (1) calendar months’ written notice. After 30 days from the
commencement date of the Contract, you may cancel the Contract on three
(3) calendar months’ written notice.
8.5. If you require an increase in the Services, please give us as much notice as
possible.
8.6. This contract shall take effect on the commencement date of the Contract
which is the first day of performance of the Services and shall continue in all its
terms and conditions as a rolling contract until terminated by either party by
giving at least three (3) calendar months’ written notice. The client shall address
such notice in writing to the Managing Director.
8.7. Termination of the contract is subject to your account being paid up to date
as at the date when notice is given. In the event of the contract being
terminated by the client without proper notice, the client shall be liable to pay to
Cleaning Gurus Commercial LTD in lieu of such notice, an amount equal to the
payment that would have been due to Cleaning Gurus Commercial LTD had the
company continued to perform its obligations under the contract throughout
the required period of notice.
8.8. If you terminate the Contract after the first one (1) calendar month of the
commencement date of the Contract, you will be charged and shall be liable
to pay us an amount equivalent to the price payable for our Services pursuant to
clause 8.4.
8.9. You will not be entitled to any refund or reduction in the price if you reduce
the level of Services or terminate this Contract without giving us at least one (1)
calendar month’s prior written notice.
8.10. Upon the termination of this Contract howsoever arising the client will be
liable for any outstanding payments or cancellation fees for services provided by
a third-party supplier.
8.11. Upon the termination of this Contract howsoever arising the client agrees to
meet any consequent redundancy for which the company may be liable under
the current Employment Rights Act 1996 or other relevant employment
legislation.
8.12. If you wish to contact us in writing, or if any clause in these Conditions
requires you to give us notice in writing (for example, to cancel this Contract),
you can send this to us by e-mail, by hand, or by post to Cleaning Gurus
Commercial LTD 10 Thicket Court, 48 Thicket Road, Sutton SM1 4PZ or email to
enquiries@cleaningguruscommercial.co.uk. We will confirm receipt by
contacting you in writing. If we must contact you, we will do so by e-mail, by
hand, or by post to the address you provide to us in the Specification.
- NON-SOLICITATION AND COMPETITION
9.1. For a period of not less than 52 weeks after the termination of this Contract
date you shall not solicit or endeavour to entice away from us or otherwise have
any business dealings with any of our management and or cleaning staff who
were involved with providing the Services under this Contract or with whom you
had contact with due to this Contract; or
9.2. For not less than 52 weeks after the termination of this Contract in the course
of any business concern which competes with us, offer to employ, or engage our
management or contractor who has worked for us during the period of twelve
(12) calendar months prior to the termination of this Contract. Unless Transfer of
Undertakings (Protection of Employment) Regulations 2006 and its amendment in
2014 (TUPE) legislation is found to apply. - PROPERTY, TOOLS, AND EQUIPMENT
10.1. Immediately upon request or upon the termination of this Contract you
must make available to us all our property in good working order which is in your
possession or under your control. Failure to do so could result in you being liable
to repay us the full new replacement costs.
10.2. If any of our property is damaged by someone other than our staff whilst left
on your premises, you are liable for the full repair cost or if unable to be repaired
the full new replacement costs.
10.3. The use or removal of our equipment or cleaning supplies by those not
employed by Cleaning Gurus Commercial LTD is prohibited. - DATA PROTECTION AND GDPR
11.1. We will only use the personal information you provide to us to provide our
Services, or to inform you about other services which we provide unless you tell us
that you do not want to receive this information. We do not share personal
information with third parties except as necessary to conduct our business or
your request or as required by law or other legal processes.
11.2. Use and collection of personal information
We may use information that you provide to:
a) Provide our Services.
b) Respond to requests placed by you.
c) Foresee and solve problems with any of our Services supplied to you.
d) Conduct our Services and administer your account in relation to any Contract
you have with us.
e) Keep a record of your correspondence if you contact us.
f) Periodically send promotional emails about our services, unique offers, or other
information which we think you may find interesting using the email address
which you have provided.
g) Notify you about changes to our Service.
If you do not want us to use your data in this way, please let us know.
11.3. We may disclose your personal information to third parties:
a) In the event, we sell or buy any business or assets, in which case we may
disclose your personal data to the prospective buyer or seller.
b) If Cleaning Gurus Commercial LTD or substantially all its assets are acquired by
a third party, in which case personal data held by it about its clients and staff will
be one of the transferred assets.
c) If we are under a legal duty to disclose or share your personal data to prevent
fraud and comply with any legal obligation.
d) As necessary to conduct our business Services and engage sub-contractors or
at your request. This is done with your permission, and you have the right to
object to your personal data being shared in this way.
By submitting your personal data, you agree to this.
11.4. Legitimate Interest
With respect to the processing and holding data for business-to-business
marketing purposes, advertising, and public relations in connection with our
business activity. We have a legitimate interest in managing our Services through
the balanced use of direct calls, letters, and emails. We do not share personal
information with third parties except as necessary to conduct our business,
engage sub-contractors, or at your request or as required by law or other legal
processes.
11.5. We endeavour to take all reasonable steps to protect your company
information. However, we cannot guarantee the security of any data that is left
in plain sight whilst cleaning is being conducted and we will not be responsible
for any breach of security unless this is due to our negligence or wilful default.
- GENERAL
12.1. If any court or competent authority decides that any of the provisions of
these Conditions are invalid, unlawful, or unenforceable to any extent, the term
will, to that extent only, be severed from the remaining terms, which will continue
to be valid to the fullest extent permitted by law.
12.2. If we fail, at any time while these Conditions are in force, to insist that you
perform any of your obligations under these Conditions, or if we do not exercise
any of our rights or remedies under these Conditions, that will not mean that we
have waived such rights or remedies and will not mean that you do not have to
comply with those obligations. If we do waive a default by you that will not
mean that we will automatically waive any subsequent default by you. No
waiver by us of any of these Conditions shall be effective unless we expressly say
that it is a waiver, and we tell you so in writing.
12.3. A person who is not a party to the Contract shall not have any rights under
or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.4. These Conditions replace all previous Terms and Conditions, or Contracts
made between the parties. English law and the parties shall govern these
Conditions agree to the non- exclusive jurisdiction of the English court